IN RE: Niklas LAMOTTE, et al., Petitioners-Appellants, v. Jeffrey F. BEITER, Executor of the Estate of John Beiter, Respondent-Respondent.
Order, Supreme Court, New York County (Carol Edmead, J.), entered June 6, 2006, which, inter alia, denied the application and dismissed the petition pursuant to CPLR 7503(b) to stay arbitration, unanimously affirmed, with costs.
The petition to stay arbitration was properly denied. Contrary to petitioners' contentions, no language in the parties' agreement expressly made the procedures for the valuation of the holdings of the decedent's estate conditions precedent to arbitration (see Matter of United Nations Dev. Corp. v. Norkin Plumbing Co., Inc., 45 N.Y.2d 358, 364, 408 N.Y.S.2d 424, 380 N.E.2d 253  ). Nor did the valuation provision by its own terms remove every issue relating to the valuation procedures from consideration by the arbitrators (cf. Matter of Dimson [Elghanayan], 19 N.Y.2d 316, 280 N.Y.S.2d 97, 227 N.E.2d 10 ; Matter of Am. Silk Mills Corp. [Meinhard-Commercial Corp.], 35 A.D.2d 197, 315 N.Y.S.2d 144  ).